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Intellectual Property
Copyright Infringement
Unfair Business Practices

Tierracast Inc. v. Cousin Corporation of America, ABC Corporations 1-10, John Does 1-10

Published: Jan. 17, 2015 | Result Date: Apr. 29, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 4:13-cv-03944-DMR Settlement –  Permanent Injunction

Court

SD New York


Attorneys

Plaintiff

Aseem S. Gupta

Rollin A. Ransom
(Sidley Austin LLP)


Defendant

Bruce G. Nye
(Scali Rasmussen)


Facts

TierraCast Inc. filed a copyright infringement lawsuit against Cousin Corp. of America.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that it owned certain copyright registrations for original jewelry designs, including certain "Bead Designs," "Charm Designs", and "Link Designs." Plaintiff further alleged that defendant infringed plaintiff's copyrights in the designs when defendant, without authorization from plaintiff, sold certain jewelry items that included copies of plaintiff's designs or were substantially similar in appearance to plaintiff's designs.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations based on a lack of information and belief.

Result

Upon a settlement between the parties, the court entered a consent judgment and permanent injunction as to defendant. Cousin was permanently enjoined from various activities, including advertising or selling in certain products that were substantially similar to or otherwise infringed upon plaintiff's copyrights. One of defendant's products, however, was exempt from the injunction, provided defendant modified the product to not include any infringing component.

Other Information

FILING DATE: Aug. 23, 2013.


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